Vallejo official: Poor communication at root of tree removal dispute

Joespeh Ramos looks up at a huge tree that is halfway through process of being cut down by an HOA on Sacramento. Ramos says his biggest problem is spiders that drop from the tree and enter his house.(Chris Riley/Times-Herald)

The removal of nearly 50 Vallejo trees in recent weeks has raised some eyebrows, and could, at worst land a homeowners association with a city bill for more than $44,000.

Joseph Ramos' mother lives near Sacramento and Redwood streets under a giant looming pine tree with one side of its branches shaved off. Ramos just wants to know if the home is safe during a disagreement with the city and if his mom will finally be rid of a tree-related spider infestation.

Earlier this month, all work removing what remained of 49 mostly Monterey Pine trees -- about 17 of them on city right of way -- came to a grinding halt. Five remained from work that began Dec. 21.

Two trees were left mid-removal, including the one in front of Ramos' mother's condominium.

"It's half-way finished. If there's a storm or something, it's going to fall down on the roof," Ramos said.

The Hillcrest Park Homeowners Association's board of directors voted last year for the tree removal. Board members believed the trees pose both health and safety hazards for residents of their 316 condominium units. One tree branch had already broken off onto a resident's vehicle.

However, the homeowners association did not go through the proper procedure to remove the trees. It was required to apply for removal permits at $433 per tree, Vallejo Public Works Director David Kleinschmidt said.

"I think it's fair to characterize this as a misunderstanding," Kleinschmidt said Friday. "The first sentence in Municipal Code 10.12.140 (Tree removal program) is 'the director shall' -- with everything referring back to the director. The public doesn't have the right to remove trees without a permit."

Kleinschmidt added that this is not the first time the city has had a run-in with the homeowners association over trees. He said in May, the city put a stop to the removal of two trees (McCullough said three) until the organization obtained a removal permit. McCullough said that situation differed from the current tree removal effort, because the most recent batch of trees is diseased and in need of removal.

Hillcrest Homeowners Association board President Stephen Camden and site manager Eugene McCullough said this week that the a city staff member gave the organization verbal approval for the tree removal. In exchange, they said they agreed to replant a maple or crepe myrtle tree for each city tree removed.

"The HOA did not just randomly decide to remove trees," McCullough wrote in an email. "The Monterey Pine trees were determined by a independent certified arborist to be diseased and that arborist recommended the removal of ALL the Monterey Pines. ... the city of Vallejo's arborist did not dispute that report."

Kleinschmidt contends no such unwritten agreement exempting the organization from applying for tree removal permits occurred.

While the tree removal and trimming work by a professional service was put to a stop on Jan. 9 following a citizen complaint, McCullough alleged city staff had interacted at least twice with the crew before the stop order's issuance, without taking action.

"We knew there was some kind of permit process, but we couldn't afford the fees. We would not do this if we had to pay for the permits," Camden said. "The truth is, the city hasn't been maintaining its trees. We're paying for the removal of their trees, and also for their planting and care. They're providing the trees."

Camden said his crew has received a verbal work stop order, but has not seen a written one, and so hopes to push on with the remaining tree removal and trimming work as planned. Kleinschmidt, however, said the tree removal crew would not accept the written order, but that does not negate the authority of the verbal order.

Both sides met this week to discuss the issue, but without resolution. At the least, Kleinschmidt said, the homeowners association needs to apply for a permit, even after the fact, for each of the removed trees -- on both private and public property. The fees could theoretically be doubled for coming after the work has been completed, Kleinschmidt added.

Contact staff writer Jessica A. York at (707) 553-6834 or jyork@timesheraldonline.com. Follow her on Twitter @JYVallejo.